St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-05-24
A Celebrated Will Case Involving Some
Peculiar Points and Conducted
by Able Attorneys.
Preparations Complete for The Opening
of the Baptist Conventional Prob
able Checker Libel Suit.
Fhe Second Week of the Kermess Proves
As Successful As the First
Large Crowds Present.
TO BREAK THE WILL.
a Celebrated Case Involving Sew
eraI DISTINGUISHED Attorneys.

The Nelson will case, which has been
flying about the various courts of the
state, has settled down for trial in the
district court and promises to exhibit a
sharp conflict of legal iuminaries. Hon.
ID. w. Voorhees,, Hon. f. NJ. Wilson,
Judge Flandrau and Congressman
WadsWorth, of Kentucky, being en-
gagged ON the ease. Briefly told, the case
is a contest of the will of Col. Anderson
ID. Nelson made by Matilda j. Stockton,
of Kentucky, sister of the deceased.
The estate, which is valued at 100000
and includes considerable property in
Minnesota and Minneapolis. was devised
by Col. Nelson to his wife, Emily San
ford Nelson. and this will is sought to
pc set aside by. his sister in favor of an
earlier one. in which she was given one
third. The appellant is represented in
the action by Mr.. Voorhees,, Judge Flan-
drau, Congressman WadSworth and At
water Il Hill, MesSrs. Wilson and Law
renee appearing for the respondent. Mrs.
Nelson,
There are two wills in the case, one
bearing date of Dee. Z, 1885, and the
other Dee. %. in the first of which the
testator gives his sister one-third of his
estate and in the second deviseS every
thing to his wife. The sister sets up
the plea that when the second will was
made the testator was not of sound and
discerning mind, and that he was I'M
duly influenced. About the lSt of De
cember, 1888, Col. Nelson left the North
west for Southern cline and stopped
at MaryVille, KY, to visit his sister.
While there, on Dee. Z he executed the
first will and sent it to Z. ii. MoutOn,
of this city. for safe keeping. He then
60, l., nd OF
tackled with pneumonia, with which he
was confined for over a week. when he
rallied and seemed in fair way to re-
cover. On Dee. 90 he sent for Gen.
Thorn and announced his intention of
makinga new will and requested Thorn
to write to Moulton to destroy the instru-
ment of Dec.1. J.W. Boss, of st. Paul, an
other friend of Col. Nelson, was called
in and it was decided to make new
will, viii h was accordingly drawn by
Attorney Mcintyre. Mrs. Nelson de-
sired her husband to wait until he was
better, but he insisted, and finally sat
up in bed to sign the document. At the
same time he signed deed conveying
st. Paul. property. the latter
Immediately transferring the same
to Mrs Nelson. The will was eX-
ecuted at o'clock, and from that time
Col. Nelson rapidly grew worse, dying
early the next morning. When the will
was offered for probale Mrs. Stockton
appeared with the will of Dec. Z and OBJ
jected to the admission of the.instru-
ment of Dee %, on the grounds given.
The case went to the district court, was
removed to the United States court. and
finally remanded back to the district
court. where it is now on trial. The
time was occupied yesterday in the III
PRODUCTION of dispositions taken at vari-
Ous places, setting forth the substance
Of the history given above. The case is
quite an interesting one and is attract
ing considerable attention among the le-
gal fraternity.